Lamar v. Sheppard
Supreme Court of Georgia
Rents. Taxes. "Redemption. Tender. Sales. Pleadings. Practice. Jurisdiction. Before Judge Port. Sumter superior court. April term, 1889. On May 31, 1883, two tax executions against George Lamar were levied on certain real estate, and on the first Tuesday in July thereafter, the property was sold under them to Sheppard for $15, and a sheriff’s deed was made to him. After paying off the executions, $1.55 was left in the sheriff’s hands.
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Rents. Taxes. "Redemption. Tender. Sales. Pleadings. Practice. Jurisdiction. Before Judge Port. Sumter superior court. April term, 1889. On May 31, 1883, two tax executions against George Lamar were levied on certain real estate, and on the first Tuesday in July thereafter, the property was sold under them to Sheppard for $15, and a sheriff’s deed was made to him. After paying off the executions, $1.55 was left in the sheriff’s hands. Lamar was then confined in jail on a criminal charge, and he there remained until the succeeding autumn, when he was taken to the penitentiary and there kept…
1Opinion of the Court
Bleckley, Chief Justice.
The main question in the case is whether rents paid by Mrs. Lamar to Sheppard, during the first year after the tax sale at which Sheppard purchased, can now be treated as having been paid towards redeeming the prem*567ises, so as to supplement the amount of cash tendered in that year for the purpose of effecting redemption. For aught that appears, both parties acted upon the bona fide belief that Sheppard was entitled to the rents for that year. He exacted them if at all as matter of right, and Mrs. Lamar paid them voluntarily and without any claim that they should be…
2Cases cited1 opinion
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